The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order (Northern Ireland) 2006

Northern Ireland Statutory Rule 2006 No. 300 — creates 15 criminal offences.

15offences created

0recorded in force

0revoked

Made: 4 July 2006
In force from: 1 August 2006
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Fisheries Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order provides in Northern Ireland and in relation to Northern Ireland fishing boats for the administration and enforcement of the provisions of Annex IIA and IIC (“the Annexes”) to Council Regulation (EC) No 51/2006 (OJ No L16, 20.1.06, p1) fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (“the Regulation”). The Order contains provisions which create a management system for days at sea based on monthly entitlements and linked to management periods. Article 4 deals with the establishment of management periods. Article 6 contains offences in relation to management periods. Article 7 provides for the calculation of allocation of days for fishing in the Cod Recovery and Sole Recovery Zones which are defined in Article 3 as covering the geographical areas covered by the Annexes. Article 8 provides for the calculation of the allocation of days when a fishing boat is involved in pair trawling. Articles 9 and 10 provide for the adjustment of allocations of days by the Department of Agriculture and Rural Development. Article 11 contains offences in relation to allocations of days and other restrictions on presence in the Cod Recovery and Sole Recovery Zones. Article 12 provides for transfers of days and Article 13 contains an offence of giving false information in a notification made for the purpose of a transfer. Article 14 creates offences in relation to restrictions in both Annexes on the carriage and operation of fishing gears and the combined use of regulated and unregulated gears. Article 15 contains provisions on, and an offence relating to, the maintenance of log-books. Articles 16 to 20 provide for offences in relation to further controls in Annex II on fishing in the Sole Recovery Zone. Part 4 of the Order makes provision for enforcement. Article 22 deals with penalties and article 23 provides for the recovery of fines imposed, or treated as imposed, by a magistrates' court. Articles 24, 25 and 27 confer various powers on British sea-fishery officers including the power to enter premises, to go on board fishing boats and to stop and search vehicles transporting fish. Article 32 makes consequential amendments to the Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2005 (S.I 2005/350).

Offences created by this instrument

A person in charge of a Northern Ireland fishing boat is guilty of an offence if the boat is absent from port carrying… article 10(5) · Status not determined · Strict liability
Notwithstanding an allocation of days under Article 7(3) or an equivalent provision, a person in charge of a Northern… article 10(6) · Status not determined · Strict liability
Notwithstanding the allocation of days under Article 7(4) or an equivalent provision, a person in charge of a Northern… article 10(7) · Status not determined · Strict liability
Notwithstanding the allocation of days under Article 7(5) or an equivalent provision, a person in charge of a Northern… article 10(8) · Status not determined · Strict liability
A person is guilty of an offence if he makes a false declaration in a notification made in respect of a transfer… article 12 · Status not determined · Strict liability
A person in charge of a fishing boat in respect of which point 17 or 18 of the Cod Annex applies, is guilty of an… article 13(1) · Status not determined · Strict liability
A person in charge of a fishing boat is guilty of an offence if he fails to comply with the requirements in this Article article 14(1) · Status not determined · Strict liability
Transhipment or landing relating to third countries article 15(1) · Status not determined · Strict liability
Mixing of species article 16 · Status not determined · Strict liability
Weighing sole article 17 · Status not determined · Strict liability
Transport of sole article 18 · Status not determined · Strict liability
Recording information on catches of sole article 19 · Status not determined · Strict liability
Obstruction of officers article 28(1) · Status not determined · Requires proof of a state of mind
A person in charge of a Northern Ireland fishing boat is guilty of an offence if, at any time during the 2006… article 5(1) · Status not determined · Strict liability
The person in charge of the boat is guilty of an offence if there is a failure to comply with paragraph (2) article 9(4) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2006